29 Jul 2022
HKSAR v. FUNG HOI YEUNG
- Citation
- [2022] HKCA 1073
- Court
- Court of Appeal
- Case number
- CACC62/2019
The trial judge misapplied the law by treating the photograph on the victim's phone as necessarily engaging s22A and by intervening to prevent proper cross-examination; the photograph was admissible as real evidence or, at minimum, as a subject for cross-examination on relevance and authenticity, and the judge's interventions deprived the defence of a vital line of inquiry making the conviction unsafe, therefore the conviction must be quashed.